Probability of Success

Publication year2010
Pages81
39 Colo.Law. 81
Colorado Bar Journal
2010.

2010, July, Pg. 81. Probability of Success

The Colorado Lawyer
July 2010
Vol. 39, No. 7 [Page 81]

Columns Appellate Practice

Probability of Success

by Andrew M. Low

About the Author

Andrew M. Low is a partner in the firm of Davis Graham & Stubbs LLP, Denver-(303) 892-9400, andrew.low@dgslaw.com. Low heads the firm's appellate practice. Appellate Practice articles are published quarterly.

Tim Flegleman and his fiancee, Amy Krasner, had decided to move in together. They bought a condominium unit in a new mid-rise building northeast of Denver's LoDo district, where old warehouses and industrial sites were slowly giving way to residential redevelopment. As soon as Flegleman and Krasner had gotten settled, they sent out invitations for a celebratory house-warming and barbecue on the evening of Saturday, July 3. The invitation said "no gifts, please," and suggested we stay after dinner for unspecified "entertainment."

When my wife and I arrived, Flegleman welcomed us at the door and pointed the way to the deck. We walked through the entry hall, turned to head outside, and immediately stopped in amazement. What would have been a wall of windows had been opened in the middle and folded accordion-style against the side walls. The living room now extended seamlessly onto the large deck, which was partially sheltered by a projecting roof. It was not the disappearing wall, the deck, or the promise of dinner, however, that stopped my wife and me in our tracks. It was the view. From their perch on the sixth floor, Flegleman and Krasner had an unobstructed view of Coors Field, downtown Denver, and the mountains behind. The sun was already behind the mountains, and the orange glow silhouetted the Denver skyline.

We followed Flegleman as he strolled over to a large propane grill, where he picked up a spatula and began checking a full load of burgers and brats. Groups of guests holding cold drinks circulated and talked. As I began to search for the source of the drinks, we were intercepted by Amy Krasner, who was wearing a pair of oversized, glittery sunglasses with miniature American flags affixed to either side. We complimented her on her eyewear and the new condominium as she led us to two coolers filled with ice and drinks. We had barely cracked open our favorite beverages when Krasner told us that dinner was ready.

We decided on burgers and then filled our plates...

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